Adoption Leave and Pay

In thinking about adoption you may be anxious about how it will affect your job.

Paid adoption leave is available to employed people who are adopting a child on their own, or for one member of a couple who are adopting together. The couple can decide who'll take the paid leave. The other member of the couple, or the partner of the adopter, may be able to take paid paternity leave. Statutory Adoption Leave is for 52 weeks. Statutory Adoption Pay is for up to 39 weeks.

Once you have applied to adopt your adoption support worker will be able to give you all the necessary information about the financial help you may be entitled to.

Adoption Leave & Pay

An employee who has had a child placed with them for adoption is entitled to Ordinary Adoption Leave and Additional Adoption Leave at the same level as for Statutory Maternity Leave. This is, in the case of Ordinary Adoption Leave, 26 weeks and Additional leave of a further 26 weeks. An employee must have been matched with a child by an approved adoption agency and must give their employer a 'matching certificate' from an approved adoption agency.

As from April 2007 Statutory Adoption Pay is paid for up to 39 weeks at 90% of the employee's average weekly earnings.
The provisions apply to both married couples and single people who adopt and applies to placements for children up to 18 years old.

In the case of a married couple, only one of them will be entitled to take the leave. However, the other will be entitled to the two weeks paternity leave (if they qualify).

Adoption leave and pay does not apply to stepfamily adoptions or adoptions by a child's existing foster carer.

The employee must have completed a qualifying period of employment. This is at least 26 weeks by the week in which the approved match with the child is made. They must comply with notification requirements and have average weekly earnings equal to or above the lower earnings limit applying to National Insurance Contributions.

Like maternity leave, an employee can vary the date notified for taking Adoption Leave.

From April 2007 an employee can also work for up to 10 days during adoption leave under the "stay in touch" provisions, without losing the right to adoption pay.

An employee has the right to return to the same job following Ordinary Adoption Leave and is protected from unfair dismissal related to adoption leave.

Special Regulations apply to overseas adoption.

Employers can reclaim Statutory Adoption Pay in the same way as for Statutory Maternity Pay.

Go to DirectGov for further information.

Where you can also take an online tailored interactive guide on your adoption employment rights.

Get personalised guidance on adoption leave and pay.

More about Adoption Support.